1991-15
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RESOLUTION NO. OL-91-015
A RESOLUTION OF THE OLIVENHAIN
COMMUNITY ADVISORY BOARD APPROVING A
MINOR USE PERMIT FOR A DETACHED ACCESSORY STRUCTURE
TO INCLUDE A GARAGE, CARPORT AND RECREATION ROOM
FOR PROPERTY LOCATED AT 2926 LONE JACK ROAD
(CASE NO. 91-083-MIN; MINOR USE PERMIT)
WHEREAS, Thomas and Karen Frost, applied for a Minor Use
Permit to allow a detached accessory structure for the purpose of
a detached recreation room of 380 sq. ft., and detached garage and
carport of 669 sq. ft., located at 2926 Lone Jack Road, Olivenhain
as required by Section 30.48.040,B, and Chapter 30.74
Use Permits
of the Zoning Ordinance of the City of Encinitas;
WHEREAS, public hearings were conducted on the application by
the Olivenhain Community Advisory Board on August 6, and August 20,
1991, and all persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
a.
Grading plan with topography dated
landscape plan dated May 3, 1990; site
and elevations dated January 3, 1991
applicant;
Written information submitted with the application;
Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff reports (91-083-MIN) dated July 31, and August
13, 1991, which are onfile in the Department of Planning
and Community Development; and
Additional written documentation.
April 11, 1991;
plan, floor plans
submitted by the
b.
c.
d.
e.
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NOW THEREFORE, BE IT RESOLVED by the Olivenhain Community
Advisory Board of the City of Encinitas that the Minor Use permit
is hereby approved subject to the following findings:
A. That the land use and design proposed are consistent with
the general plan since detached accessory structures of this
nature are allowed in this rural zone and the garage, carport
and recreation room proposed are consistent with similar uses
in the same zone and neighborhood.
B. The location, size design or operating characteristics of
the proposed project will not be incompatible with and will
not adversely affect and will not be materially detrimental to
adjacent uses, residences, buildings, structures or natural
resources, with consideration given to, but not limited to:
( 1)
The adequacy of public facilities, services and utilities
to serve the proposed project since they are available;
(2 )
The suitability of the site for the type and intensity of
use or development which is proposed, since it is
presently a rural residential zone and the proposed uses
are common in association with a single family
residential use. Additionally, the project is only at
11.1% lot coverage in a zone where 35% lot coverage is
allowed, and no view are being blocked; and
(3)
The harmful effect, if any, upon environmental quality
and natural resources of the City, since the use is
monitored by standards setforth by the City of Encinitas
and the use is a standard accessory use in the single
family residential zone; or '
C. The impacts of the proposed project will not adversely
affect the policies of the existing Encinitas General Plan or
the provisions of this Code, since it is proposed to be
constructed to match the existing dwelling, and it will be
solely for the private use of the family and friends and will
not be used for rental or operation of a business; and
D. The project complies with all other
conditions or policies imposed by this Code.
regulations,
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BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following STANDARD conditions:
I. This approval will expire on August 20, 1993, after the
approval of this project unless the conditions have been met
or an extension has been approved by the Authorized Agency;
2. This approval may be appealed to the authorized agent
within 15 days from the date of this approval;
3. At all times during the effective period of this permit,
the applicant shall obtain and maintain in valid force and
effect, each and every license and permit required by a
governmental agency for the operation of the authorized
activity;
4. At no time during the effective period of this permit
shall the applicant be delinquent in the payment of taxes or
other lawful assessments relating to the property which is the
subject of this permit;
5. In the event that any of the conditions of this permit are
not satisfied, the Planning Department shall cause a noticed
hearing to be sent before the authorized agency to determine
why the City of Encinitas should not revoke this permit;
6. Upon a showing of compelling public necessity demonstrated
at a noticed hearing, the City of Encinitas, acting through
the authorized agency, may add, amend, or delete conditions
and regulations contained in this permit;
7. Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similarly in nature to the activity
authorized by this permit;
8. Nothing in this permit shall authorize the applicant
intensify the authorized activity beyond that which
specifically described in this permit;
to
is
9. Approval of this request shall not waive compliance with
any sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of Building
Permit issuance;
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10. The applicant shall comply with the latest adopted
Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, National Electric Code, Uniform Fire Code, and
all other applicable codes and ordinances in effect at the
time of building permit issuance if applicable;
11. This approval shall become null and void if building
permits are not issued for this project within two years from
the date of project approval, if applicable;
12. All Permits from other agencies will be required when
applicable; and
13. Project is approved as submitted and shall not be altered
without Community Advisory Board review and approval.
BE IT FURTHER RESOLVED that the Minor Use Permit is approved
subject to the following ADDITIONAL conditions:
1.
The detached accessory structure for a garage, carport,
and recreation room as shown on the plans dated January
3, 1991 and on file in the office of Planning and
Community Development shall be allowed limited to the
private use of the family and friends and shall not be
rented, and the engine hoist in the detached garage shall
be for private use and shall not be used for the purpose
of operating a business.
2.
The engine hoist shall be installed as a temporary and
removable item. The engine hoist shall be removed when
the property is sold or rented.
3.
A covenant shall be recorded in the office of the County
Recorder agreeing that the structure shall not be rented
and may not be used for the operation of any business
unless authorized by a Home Occupation Permit as set forth
in Section 30.48.040,M of the City of Encinitas Municipal
Code, and the engine hoist shall be removed upon sale or
rental of the property.
4.
The applicant shall cause to be recorded a covenant
regarding real property which sets forth this grant of
approval. The covenant shall be in form and content
satisfactory to the Director of Planning and Community
Development.
5.
Address numbers shall be clearly visible from the street
fronting the structure. The height of numbers shall
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conform to Fire District Standards. Where structures are
located off a roadway on long driveways, a monument
marker shall be placed at the entrance where the driveway
intersects the main roadway. Permanent numbers shall be
affixed to this marker.
6.
Prior to final development approval, the applicant shall
submit to the Planning Department a letter from the Fire
District stating that all development impact, plan check
and/or cost recovery fees have been paid or secured to
the satisfaction of the Fire District.
Gradinq Conditions
1.
The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
2.
The grading for this project is defined in Chapter 23.24
of the Encini tas Municipal Code. Grading shall be
. performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
Ci ty Engineer and verify compliance with Chapter 23.24 of
the Encinitas Municipal Code.
3.
No grading shall occur outside the limits of the
(SUBDIVISION/PROJECT) unless a letter of permission is
obtained from the owners of the affected properties.
4.
A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
5.
All newly created slopes within this project shall be no
steeper than 2:1.
6.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work: At first submittal
of a grading plan.
Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
Ci ty Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
Ci ty Engineer may impose with regards to the hauling
operation.
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10.
Drainaqe Conditions
8.
The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the City Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
9.
A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
Concentrated flows across driveways
shall not be permitted.
and/or sidewalks
11.
Street Conditions
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof to
the satisfaction of the Director of Public Works.
12.
Utilities
13.
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, and Cable TV authorities.
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14.
All proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
PASSED AND ADOPTED this 20th day of August, 1991, by the
following vote, to wit:
Ayes: Boardmembers Post, Perkins, and Van Slyke
Nays: None
Absent: Boardmember Schafer
Abstain: Boardmember DuVivier
\'
CHUCK DU VIVIER, Chairman of the
Olivenhain Community
Advisory Board
ATTEST:
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L DA S. . NILES,
Associate Planner
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